The All Progressives Congress (APC) and its candidate in the last Niger East Senatorial By-election, Barrister David Umaru have gone to the National and House of Assembly Election Tribunal holding in Minna, challenging the victory of the PDP candidate, Dr Shem Nuhu Zagbayi.
The petition filed on Friday by the two petitioners has 389 respondents with the winner of the by-election held on the 30th of August, 2014 and supplementary on the 6th September, 2014, Dr Zagbayi, PDP, Independent National Electoral Commission and the resident electoral commissioner as the 1st, 2nd, 3rd and 4th respondents respectively.
The 36-page petition posited that the scores ascribed to each of the candidates as shown in the result where Zagbayi scored 92,056 and David Umaru scored 87,405 were not the true reflection of the candidates’ actual scores.
The petition stated that it was rather the product of deliberate wrong entries and collation of figures made by the 3rd respondent’s agents or officers at the polling units, wards and local government areas’ collation centres in Niger East Senatorial District to the advantage of the 1st and 2nd respondents.
The petitioners alleged that there were instances of anomaly in some of the polling units in Bosso, Paikoro, Suleja, Tafa, Munya, Shiroro, Gurara, and Rafi local government areas.
“On the basis of the premises stated above, I know that the 1st and 2nd respondents did not receive the majority of the lawful votes cast at the election conducted on 30th August but concluded on 6th September, 2014 with respect to the office of the Senator representing Niger East Senatorial District, Niger State and the declaration by the 3rd respondent that the 1st and 2nd respondents were elected by a majority of lawful votes is null and void and of no effect whatsoever,” the petition added.
Based on the units analysis of the votes cast as contained in the petition, David Umar and his party, APC, posited thus: “That if the result of the above stated polling units that were affected by non-compliances are cancelled and deducted, I shall emerge with the highest number of valid votes cast thus: APC 87405-22491 = 64,914; PDP 92056-53837 = 38,219.”
The petitioner, therefore, stated that the 1st respondent was not duly elected by the majority of lawful votes cast at the Senatorial By-election held on 30th August but concluded on the 6th of September, 2014 for the Niger East Senatorial District, Niger State, hence the election of the 1st respondent is invalid by reason of corrupt practices or non-compliances with the Provisions of the Electoral Act 2010 (as amended).
Apart from the irregularities, the petition also stated that “The 1st respondent was not qualified to contest the election having not been properly sponsored by the 2nd respondent in accordance with the Provisions of the Constitution.
The election of the 1st respondent is invalid having not been conducted within the mandatory one month period allowed by Section 76(2) of the 1999 Constitution (as amended)”.
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